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STATE OF FLORI A

DEPARTMENT OF BUSINESS AND PROF SSJONAL REGULATION

CONSTRUCTION INDUSTRY LI ENSING BOARD

DIVISION II

DEPARTMENT OF BUSINESS AND

.PROFESSIONAL REGULATION,

Petitioner,

V. Case No. 2005-056615

ARLIE VERNON HASH,

D/B/A AAA AIR CONDITIONING & REFRIGERATI N INC,

Respondent.

-             I

ADMINISTRA PLAINT

Petitioner, DEPARTMENT OF BUSINESS A D PROFESSIONAL REGULATION,

("Petitioner''), files this Administrative Complaint befo e the Construction Industry Licensing Board, against ARLIE VERNON HASH, (''Respondenf') and says:

1. Petitioner is the state agency cha ged wit regulating the practice of contracting pursuant to Section 20.165, Florida Statutes, and Chapter 455 and 489, Florida Statutes.

2. Respondent is, and has been at all times aterial hereto, a Certified Mechanical Contractor in the State of Florida, having been .issued lice se number CM C57044.

3. Respondent's last known addresses of reco d_are PO Box 268298, Weston, Florida 33326; PO Box 1992, I-Iallendale, Florida 33008; PO Bo 129, Jupiter, Florida 33468; and 6671

   W. Indiantown Road, Suites 56-421, Jupiter, Florida 3345

   
   

4. At all times material hereto, Respondent was the primary qualifying agent for AAA Air Conditioning & Refrigeration Inc ("AAA''), hich has been issued Certificate of Authority number QB 12319, which is currently null & vo d.

   
   

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5. Section 489· · 95(1 )(a\ Florida Statutes, provides 1;1t all pnmary qualifying

   ·-...,,

   agents for a business organiza6on are jointly and equ Hy responsible for supervision of all

   
   

   operations of the business organization; for al] field wor at all sites; and for financial matters,

   
   

   both for the organization in general and for each specific job.

   
   

6. On or about July 10; 2005i Karen Han on ("Hanson") contacted Economical Refrigeration Air Conditioning & Appliances, Inc. to i stall a new air conditioning system at 12 IO N.W. Little River Drive, Miami, Florida.

7. Economical Refrigeration Air Conditionin & AppHances, lnc. jnfonned Hanson

   
   

   that their sister company would perform the services rcqu red.

   
   

8. On or about July 10; 2005, Hanson entcre · into a contract with AAA to install a

   
   

   new air conditioning system at 1210 N.W. Little River Dr ve, Miami, Florida for $4,280.00.

   
   

9. Economical Refrigeration Air Co:nditioni g & Appliances, Inc is not a qualified business organization in the State of Florida.

1 O. AAA knew or had reasonable grounds to ow that Economical Refrigeration Air Conditioning & Appliances was unlicensed.

1 J . AAA failed to receive a permit for this pro ect.

1. AAA proceeded on the job when no permit had been issued for the project.

   
   

2. The project has been completed; but A A failed to obtain any inspections, including a final inspection on the project.

3. The Department of Financial Servkes ebsite Jndic;;ites that AAA does not currently have workers) compensation coverage, and R spondent failed to provide requested proof of workers' compensation coverage during the cours of the investiga6on ..

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4. Fetitioner realJeges and incorporates the allegatio1 s set forth in paragraphs l through 14 as though fully set forth herein.

5. Section 489.114, Florida Statutes, provides in part that the failure to maintain workers' compensation coverage as required by law shall be grounds for the board to revoke, suspend, or deny the issuance or renewal of a certificate, registration, or certificate of authority of the contractor under the provisions of Section 489.J 29, Florida Statutes.

6. Based on the foregoing, the Respondent violated Section 489.129(1)(i), Florida Statutes, by failing in any material respect to comply with the provisions of Chapter 489, Part I, Florida Statutes, by violating Section 489.114, Florida Statutes, by failing to maintain workers'

compensation coverage.

COUNT II

J 8. Petitioner realleges and incorporates the allegations set forth in paragraphs 1 through 14 as though fully set forth herein.

1. Based on the foregoing, Respondent violated Section 489.129(1)(d), Florida Statutes, by performing any act which assists a person or entity in engaging in the prohibited uncertified and unregistered practice of contracting, if the certificate holder or registrant knows or has reasonable grounds to know that the person or entity was uncertified and unregistered.

   COUNTIII

2. Fetitioner realleges and incorporates the allegations set forth in paragraphs 1 th.rough 14 as though fully set forth herein.

Zl. Based on the foregoing, Respondent violated Section 489.129(1)(0), Florida Statutes, by failing to obtain any inspections, including a final inspection on the project.

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COUNTIV

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22, Petitioner reallegcs "-nd incorporates the allegations set forth in p"-ragraphs I

through l 4 as though fully set forth herein,

23. Based on the foregoing, Respondent violated Section 489.129(1 )(m), Florida Statutes, by committing incompetence or misconduct in the practice of contracting,

WHEREFORE, Petitioner respectfully requests the Construction Industry Licensing Board enter an Order imposing one or more of the following penalties: place on probation, reprimand the licensee, revoke, suspend, deny the issuance or renewal of the certificate or registration, require financ.ial restitution to a consumer, impose an administrative fine not to exceed $ l 0,000 per violation, require continuing education, assess costs "-Ssociated with investigation and prosecution, impose any or all penalties delineated within Section 455.227(2), Florida Statutes, and/or any other relief that the Board is authorized to impose pursuant to Chapters 489, 455, Florida Statutes, and/or the rules promulgated thereunder,

Signed this

PC Found: December 4, 2007 Div. Il: Holloway & Engelmeier

, 2007.

COUNSEL FOR DEPARTMENT:

Tiffany A. Harrington Assistant General Counsel FBN 26202

Department of Business and Professional Regulation Office of the General Counsel

1940 N. Monroe Street, Ste, 42

Tallahassee, FL 32399-2202

Case No: 2005-056615

F I L E D

Dapartment Of Business and Profawonal ReQulmln

DEPUTY CLERK

CLERK #.

DATE  1 -3.7-?.oo7

Docket for Case No: 11-000411